מסמך משפטי: Halper 346

מסמך משפטי Halper 346

תגים

תיאור

Legal document. Record of release. Dated: April or May 1164. In the hand of judge Mevorakh b. Natan. Abū l-ʿAlāʾ b. Bū Sahl al-Jubaylī (aka Shemuel b. Yehuda) accepts seven dinars from Abū l-Maʿālī Shemuel b. Yehuda which had been on deposit with the court, and absolves him from any further obligations relating to the deposit. The seven dinars were a pledge that was deposited with the court; thus the first and third clauses of this release may be related to the deposit and the last two may be related to the relationship between the two parties. If so, then shirka and mu‘āmala are clearly related partnership structures, both employed to insure that the release covers the partnership relationship, whether one would choose to describe it as a shirka or as a mu‘āmala. It is unclear exactly what sort of relationship the parties here have. The document may simply have been the disposition of assets of a partnership which was between Abū l-ʿAlāʾ and Shemuel's late father, as lines 3-4 suggest that the Shemuel’s father is dead, whereas line 6 absolves the deceased father from any further obligation. (Information from Lieberman, "A Partnership Culture", 42-43)

Halper 346 p. 1

p. 1

תיעתוק

תרגום

Phillip Ackerman-Lieberman, "A Partnership Culture: Jewish Economic and Social Life Seen Through the Legal Documents of the Cairo Geniza" (PhD diss., Princeton University, 2007).

Recto

  1. Abū al-‘Alā b. (A)bū Sahl al-Jubaylī came before us—we, the undersigned—and stated before us, and called upon us to testify concerning him that,
  2. in the soundness of his mind and freedom of his will, he received and accepted from the Elder Abū al-Ma‘ālī al-Tājir, known as (I)bn Asad,
  3. (his) h(onor,) g(reatness, and) h(oliness) our teacher and master Samuel the hon(ored) courtier, the Sa(ge) and W(ise one), Notable among the Wise, Glory of the Elders, (may his) R(ock) p(rotect him) b. (our) tea(cher) and m(aster) Judah
  4. the hon(ored) Elder, (who) r(ests in) E(den,) seven gold dina(rs) of good precise weighed specie, of standard Fusṭāṭ weight, coming into [his] hand [from] him,
  5. the aforementioned, in toto and completely, after verification of its coinage and weight. He attested that he […] that which his father had […]
  6. in a deposit of the court. Neither he nor his father has any further obligation whatsoever with the aforementioned notable
  7. with respect to the deposit, nor with respect to a debt, nor with respect to a pledge, nor with respect to a partnership (shirka), nor with respect to a joint [enterprise] (mu‘āmala).
  8. We testified concerning him, Abū al-‘Alā b. (A)bū Sahl al-Jubaylī, in the soundness of his mind and freedom of his will, willingly, without
  9. duress or force or compulsion, with neither negligence nor error, without the illness of disease therein, nor any of the other factors which invalidate
  10. testimony, that he has absolved the Elder Abū al-Ma‘ālī, the aforementioned notable, from the deposit which was deposited
  11. for his father with the aforementioned, in a deposit fully relinquished to the court, and from all the claims and demands and from all
  12. the connections and responsibilities which were upon him (Abū al-Ma‘ālī) for him (Abū al-‘Alā,) from the beginning of time until now, in a complete, total, definitive, certain release,
  13. without any flawed detail therein or argument nullifying it or any interpretation weakening it, nor any cancellation of its judgment, or any reason diminishing
  14. its text; a release from Abū al-‘Alā’ b. Abū Sahl al-Jubaylī and from his heirs after him to the Elder Abū al-Ma‘ālī al-Tājir, Notable
  15. among the Wise, and to his heirs after him, with the most certain and perfect stipulations of release, as a decree of the Sag(es, may their) m(emory be) f(or a blessing,) in the like. “And I have forgiven him all
  16. that has been explained above, a complete pardon, and I have forgiven him completely, effective immediately, orally and in (my) heart, in this world and in
  17. the world to come.” And he absolved him from all types of oaths and vows and rider oaths in which he was obligated to him, even
  18. rider oaths and even ḥerem setam. We performed a qinyan with Abū al-‘Alā b. Abū Sahl al-Jubaylī concerning everything ascribable to him above, a complete
  19. and weighty qinyan, with an item suitable for doing so, effective immediately, in accordance with his will, without any duress whatsoever, nullifying all secret dispositions and conditions. All that was
  20. in the month of Iyyar 1475 (of the Era) of Documents. And our testimony therein was delayed until the month of Tammuz of the year one thousand and four
  21. hundred and seventy-five years of the Era of Documents in Fusṭāṭ Egypt, situated on the Nile River, ju[ris]diction
  22. of our lord, our prince, our king, Daniel the Great Prince, Exilarch of all Israel, may his name endure forever. Everything is proper
  23. and clear and enduring. Abraham ha-Kohen b. Aaron (may) G(od’s) s(pirit) g(ive him rest) Mevorakh b. Nathan the Ḥaver (may his) m(emory be) f(or a blessing) This document was confirmed before us—
  24. we, the court of three sitting as one, as Abraham ha-Kohen b. Aaron (may) G(od’s) s(pirit) g(ive him rest) and Mevorakh b. Nathan the Ḥaver (may his) m(emory be) f(or a blessing) came,
  25. and they testified before us to their signatures written above on this document, in its text and in its markings. When they testified thus, we declared it proper and endurin/g/
  26. as is fitting. Jacob ha-Kohen b. Joseph (who) r(ests in) E(den) Menahem b. Berakhot (who) r(ests in) E(den) Manasseh b. Joseph (may the) m(emory of the) r(ighteous be) f(or a blessing)

Halper 346 p. 2

p. 2
תנאי היתר שימוש בתצלום
  • Halper 346: University of Pennsylvania Libraries